Cabinet nod for new norms for early release of convicts

The guidelines conform to a Supreme Court order of last year that state governments have no powers to remit sentences of persons who are convicted under a central law and cases are investigated by a central agency like the CBI.

Briefing reporters after the meeting, Law Minister T?B?Jayachandra said the court had issued directions to all states that they come up with proper guidelines for premature release of convicted prisoners.

As per the court order, the state has included in its guidelines that convicts cannot be released prematurely in cases where the investigation was conducted by central investigation agencies like CBI and NIA. It also applies for prisoners convicted for two or more murder cases, gangsters, contract killings, smuggling, drug trafficking, rape, robbery with murder and prisoners who committed murder of prison staff. Other provisions of the earlier guidelines issued in 2014 have been retained and these include - prisoners covered under Section 433A of CrPC? (where the imprisonment cannot be reduced) will have to serve 14 years of actual imprisonment, before they are considered for release.

Prisoners not covered under Section 433A will have to serve 10 years (seven years in case of women prisoners) of actual imprisonment without remission, before they are considered for release. Prisoners who have attained the age of 65 years (60 years in case of women prisoners) and undergoing life sentence can be considered for release if they have served 14 years of imprisonment (12 years in case of women prisoners) with remission.

The guidelines state that the list of eligible convicts to be released will have to prepared by the Additional Director General of Police, Prisons, in consultation with the district advisory boards. The list will be scrutinised on a case-by-case basis by a committee headed by the Principal?Secretary, Home department. The list has to be sent to the governor after being vetted by the Cabinet, the guidelines state.